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12-809. Damming of river or condemnation of land and water for waterworks; petition to court; bond issue. The governing body of any city shall have power and authority to dam any river not navigable, to condemn and appropriate in the name and for the use of the city any such land or lands located in or out of the corporate limits thereof, as may be necessary for the construction and operation of waterworks, and to condemn, appropriate and divert the water from such river, or so much thereof as may be deemed necessary for such purpose.

Whenever the city council shall determine to condemn and appropriate any land or to condemn and divert any water for the purpose aforesaid, it shall cause a petition to be presented in the name of the city to the district judge of the district court of the county in which such city is situated, setting forth the necessity of the appropriation of lands and the diverting of said water for the erection and operation of waterworks, and thereupon the necessary real estate shall be condemned as provided by law, and may be paid for by the issuance and sale of the bonds of such city as provided by law.

Before any such bonds shall be issued the proposition shall be submitted to the voters of such city as provided by law. From and after such condemnation and appropriation and the payment therefor, the city shall be vested with the right to perpetually use the land, water, and the right to divert such water, condemned for the purpose of waterworks.

History: R.S. 1923, § 12-809; L. 1976, ch. 145, § 38; January 10, 1977.

Source or prior law:

L. 1872, ch. 208, § 2; L. 1883, ch. 38, § 1.

Cross References to Related Sections:

Condemnation procedure, see chapter 26, article 5.

Law Review and Bar Journal References:

"Legal Constraints on Diverting Water from Eastern Kansas to Western Kansas," John C. Peck, 30 K.L.R. 160, 175, 176, 202, 206 (1982).

"Legal Aspects of Water Storage in Federal Reservoirs in Kansas," John C. Peck, 32 K.L.R. 785 (1984).

Attorney General's Opinions:

Eminent domain power of city for construction of water pipeline. 82-228.

Authority to hold non-binding advisory city elections. 83-177.

Authority of city to condemn property outside city limits and owned by county. 94-160.


1. Petitioner must choose act under which proceedings to be brought. Enterprise v. Smith, 62 Kan. 815, 821, 62 P. 324.

2. Proceedings cannot be switched from one act to the other. Enterprise v. Smith, 62 Kan. 815, 821, 62 P. 324.

3. This act not repealed; two systems for condemnation in effect. Evel v. City of Utica, 103 Kan. 567, 570, 175 P. 635.

4. City cannot diminish water supply of lower proprietor without compensation; injunction. City of Emporia v. Soden, 25 Kan. 588; Wallace v. City of Winfield, 96 Kan. 35, 149 P. 693.

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